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Malaysia's colourful former Prime Minister is setting up a war crimes tribunal, to "assuage the pain that has been suffered by so many people in Iraq, Palestine, Afghanistan and elsewhere". Mahathir, it seems, hopes to reinvent the wheel, and a rickety one at that.
Howard’s legal positivist stance limits individual rights to the confines of a particular legal system. In the ‘war against terrorism’, there is no safeguard against executive excesses or the seizure by the state of absolute power, no basis to defend the dignity of human persons.
Justice has become a life’s work for the Guildford Four’s Paul Hill.
Over the last year a major chasm has opened between decisions of Australia’s High Court and those of the UK House of Lords and the US Supreme Court regarding issues of national security such as the long-term mandatory detention of stateless asylum seekers.
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